Contents:
Business Sectors:
Application, registration and other administrative procedures for intellectual property rights
Patent, trademark and copyright infringement and ownership dispute resolution
Administrative litigation relating to IPR authorization and ownership determination
Anti-unfair competition and trade secret related dispute resolution
IPR due diligence, license, trade and finance consulting
Procedures for administrative protection against IPR infringement, customs protection, trade fair action and filing of e-commerce complaints
Establishment, management and implementation strategy for an enterprise intellectual property system
Anti IPR infringement search (FTO) and design around
Introduction:
The Intellectual Property Department of Shanghai Yingdong Law Firm is composed of some lawyers having the Patent Agent License and the Lawyer’s License and some lawyers proficient in criminal actions and administrative protection against IPR infringement, supported by a professional investigation and forensics team to take care of difficult forensics in IPR cases. The Law Firm is qualified as a trademark agent and patent agent, and the lawyers of the IP Department have all-round experience in administrative procedures of IPR determination and infringement dispute resolution, and are dedicated to helping clients handle relevant cases and manage IPRs from a holistic perspective.
Details:
Department Introduction:
The Intellectual Property Department of Shanghai Yingdong Law Firm is composed of some lawyers having the Patent Agent License and the Lawyer’s License and some lawyers proficient in criminal actions and administrative protection against IPR infringement. These lawyers have abundant and comprehensive experience in IPR protection, and are able to grasp the whole picture of each case and formulate a complete plan to solve the client’s issues.
The Department has a professional investigation and forensics team. In IPR cases, it is always very difficult to take evidence, which requires making investigations in factories and tracking infringing products. Our team has many years of experience in such investigations, which is a great help in handling IPR cases.
The Firm is qualified as a trademark agent and patent agent, and the lawyers of the IP Department have all-round experience in administrative procedures of IPR determination and infringement dispute resolution, and are dedicated to helping clients handle relevant cases and manage IPRs from a holistic perspective. Compared with other disputes, IPR disputes are more complex, in which there are often more than one party having rights and more than one infringement determination is required. In civil disputes, administrative determination procedures come along, and the disputes are sometimes accompanied with administrative or criminal actions. The lawyers of the IP Department have considerable experience in complex cases and take every step prudently in complex cases to solve clients’ issues thoroughly.
Business Sectors:
Application, registration and other administrative procedures for intellectual property rights
The services in this sector cover all kinds of IPR application or registration procedures, which means submitting documents to relevant authorities for IPR registration, including patent application, patent reexamination, patent invalidation, trademark application, opposition, revocation, review of rejection, review of non-registration, review of revocation, invalidation procedures, copyright registration procedures, etc. Trademark agency and patent agency requires specific qualifications, and Yingdong Law Firm has both qualifications and a number of lawyers who are qualified as a patent agent and lawyer and have rich experience in administrative procedures related to IPR registration.
Patent, trademark and copyright infringement and ownership dispute resolution
IPR infringement and ownership disputes are the main business of the IPR sector. The legal services for such disputes mainly include infringement analysis, online investigation and notarization, in-factory investigation and notarization, issuance and delivery of lawyer’s letters, litigation strategy analysis, institution of and response to litigation, application for investigation orders in litigation, evidence preservation, property preservation, and behavior preservation (injunction). The Firm has a number of IPR lawyers who serve over 50 large domestic and foreign companies and have handled a very large number of patent, trademark and copyright infringement and ownership disputes and gained extensive experience.
Administrative litigation relating to IPR authorization and ownership determination
If you are dissatisfied the result in any administrative procedure related to IPR registration, you may request a remedy from the court, which is administrative litigation related to IPR authorization determination, specifically including administrative litigation for patent reexamination, administrative litigation for patent invalidation, and administrative litigation for trademark review (review of rejection, review of non-registration, review of revocation, invalidation). In such litigation, the defendant is China National Intellectual Property Administration while our client or the other party is the plaintiff or a third party.
Anti-unfair competition and trade secret related dispute resolution
In IPR cases, other than the said main right disputes over patents, trademarks and copyrights, there are some behaviors that disrupt the market economy and damage the legitimate rights and interests of other operators or consumers by unfair means in commercial activities, which can be regulated by the anti-unfair competition law. The disputes are specifically related to trade names, packaging and decoration, business or organization names, personal names, domain names, website names and webpages, as well as commercial bribery, infringement upon trade secrets, false propaganda, commercial defamation, and disruption in other operators’ supply or provision of network-based products or services.
IPR due diligence, license, trade and finance consulting
Intellectual property is an important property in commercial activities. Its monopoly rights are maintained by way of infringement protection, and its value is realized by way of licensing, trading and financing. The services in this sector mainly include due diligence, valuation, drafting and negotiation of trading or licensing contracts, and whole-process assistance with IP financing in the commercial activities of IP.
Procedures for administrative protection against IPR infringement, customs protection, trade fair action and filing of e-commerce complaints
Intellectual property rights can be protected by sending a lawyer’s letter and filing legal proceedings, taking criminal or administrative actions against infringement, and referring to the relevant rules of exhibition organizations or e-commerce platforms. The criminal actions mainly include fighting against registered trademark counterfeiting, patent counterfeiting, copyright infringement, and trade secret infringement; the administrative actions mainly include penalizing infringement upon trademarks, copyrights and trade secrets or unfair competition through the Market Supervision Administration or the Market Culture Enforcement Brigade, and mediating and settling patent infringement disputes through local intellectual property administrations. With respect to customs enforcement, actions are taken against IPR infringement in international trading, including customs filing and assisting with customs seizure. IPR infringement disputes often arise in exhibition activities and e-commerce sales. For a perfect exhibition or e-commerce platform, an IPR complaint department is always set up, and complaints can be filed to such department to stop infringement.
Establishment, management and implementation strategy for an enterprise intellectual property system
In addition to registration, infringement protection and commercial use, a business needs an internal system, an all-round IPR strategy and perfect IPR management for its IPR, specifically including patent portfolio planning analysis, establishment of a management process for technology transformation to patent and patent mining, trademark portfolio planning and strategy, copyright registration strategy and management process, and establishment of an internal confidentiality system for trade secrets. Moreover, the business needs to exploit its patents, such as transforming patents into products by itself or with others. All these matters need the intervention of lawyers to ensure successful implementation.
Anti IPR infringement search (FTO) and design around
In commercial activities, efforts shall be focused not only on exploiting own IPRs, but also on avoiding infringement upon others’ IPRs. Therefore, when a product is launched, professional lawyers are needed to conduct a FTO search and issue a relevant report in order to avoid infringement upon the existing IPRs in the market or remove obstacles in relevant operations, especially in the prevention of patent infringement. If a product in the industry has been patented, the business needs to work with lawyers to work out a technical solution to circumvent the patent and develop new products.
Typical Cases:
Handling a number of large disputes involving patent infringement, malicious patent application, and malicious filing of IPR litigation for an innovative enterprise, and helping our client with the holistic strategy of our lawyers in charge to obtain a good settlement by filing an infringement lawsuit against the other side, invalidating the other side’s patent and suing the other side for malicious filing of IPR litigation;
Developing a patent protection strategy for an innovative company, filing over a dozen of patent lawsuits across the country, and winning favorable decisions, thus helping our client eliminate counterfeit products from the market;
Representing a cultural company in a number of cases of infringement upon its artwork copyright, and winning favorable decisions in all these cases;
Tackling trademark squatting for a Thai brand, and successfully revoking and invalidating several squatted trademarks and getting all important trademarks of the Thai brand successfully registered in its name.